Directive 2011/99 / EU on the European protection order

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Directive 2011/99 / EU

Title: Directive 2011/99 / EU of the European Parliament and of the Council of December 13, 2011 on the European protection order
Scope: EU
Legal matter: Criminal law
Basis: TFEU , in particular Article 82 paragraph 1 letters a and d
Procedure overview: European Commission
European Parliament
IPEX Wiki
Come into effect: January 10, 2012
To be
implemented in national law by: 		January 11, 2015
Reference: OJ L 338 of December 21, 2011, pp. 2-18
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2011/99 / EU of the European Parliament and of the Council of 13 December 2011 on the European protection order was on 21 December 2011 at the Official Journal of the European Union published and needed by the Union Member States to be implemented by 11 January 2015, national law .

The aim of the directive is to ensure that a protective measure once ordered in a member state of the Union is also valid in another member state, thereby ensuring that the protection granted travels or moves anywhere within the EU , is maintained and continued . This, even without the need for special procedures, but can, for. B. in the event of a violation of public policy, a protective measure can be refused.

Whereas in Regulation (EU) No. 606/2013 police authorities are expressly excluded from ordering protective measures in civil matters, this is not the case with Directive 2011/99 / EU.

history

On the basis of the Stockholm Program , which was adopted by the European Council on 10 and 11 December 2009, the Council presented a draft directive on the European protection order on January 5, 2010 (Council doc. 17513/09). This should make it possible in the future to extend the security orders issued by individual judicial authorities in the Union member states to other Union member states.

Justice Commissioner Viviane Reding also presented a strengthening of the rights of victims with a proposal from May 18, 2011 (package of measures). The core elements of the three-part victim protection package at that time were:

  • Strengthening access to justice for the victim,
  • Expansion of private and public victim protection structures and
  • mutual recognition of victim status.

The Council of Ministers for Justice agreed on a compromise text (Council Doc. 14471/11) for a proposal for a directive on September 23, 2011 and on December 9, 2011 a new proposal for a directive of the European Parliament and of the Council on minimum standards for rights and the Protection of victims of crime as well as for victim support presented.

Legal basis and case law

Directive 2011/99 / EU is primarily based on Articles 47 and 48 of the Charter of Fundamental Rights (right to a fair trial within the meaning of Article 6 ECHR ), Article 3 (2) of the TEU and Article 21 of the TFEU and Article 82 (1) Letters a and d of the TFEU (judicial cooperation in criminal matters).

The directive interferes with the application of Regulation (EC) No. 44/2001 (Brussels I) (now Regulation (EU) No. 1215/2012 (Brussels Ia) ), Regulation (EC) No. 2201/2003 (Brussels IIa ) , the Hague Convention on the Protection of Children and the Hague Convention on the Civil Aspects of International Child Abduction and affects the application of Framework Decision 2008/947 / JHA and Framework Decision 2009/829 / JHA as well as Regulation (EU) No. 606/2013 expressly not.

The EU member states can continue to apply existing bilateral or multilateral agreements or arrangements or, after the entry into force of Directive 2011/99 / EU, conclude such agreements or arrangements "insofar as they offer the possibility of going beyond the objectives of this Directive and simplifying or facilitating the procedures Contribute to the ordering of protective measures ".

The Court , in its landmark decision Cowan against Trésor Public , decision of 2 February 1989 that compensation payment principle must not be made dependent on nationality. The ban on discrimination was thus extended to this area as well. The decision concerned the victim of a robbery who was harmed while on vacation in another EU Member State. The present guideline is a further development of this case law.

European protection order - protection measure

Directive 2011/99 / EU differentiates between “European protective order” and “protective measure”.

  • A "European protection order" according to Art. 2 no. 1 of Directive 2011/99 / EU is "a decision made by a judicial authority or a corresponding authority of a Member State in connection with a protective measure, on the basis of which a judicial authority or a corresponding authority of another Member State takes one or more suitable measures under its own national law to continue the protection of the protected person in that Member State ”.
  • "Protective measure" is according to Art. 2 no. 2 of Directive 2011/99 / EU “a decision in criminal matters issued in the issuing state in accordance with its national law and national procedures, imposing one or more of the prohibitions or restrictions on a person at risk in relation to a protected person to protect against a criminal act which could endanger their life, their physical or psychological integrity, their dignity, their personal freedom or their sexual integrity ”. See also recital 9 of Directive 2011/99 / EU.

scope of application

Only protective measures that are ordered in criminal matters fall within the scope of Directive 2011/99 / EU . For protective measures that are ordered in civil matters , z. B. Regulation (EU) No. 606/2013, Regulation (EU) No. 1215/2012 (Brussels Ia) , Regulation (EC) No. 2201/2003 (Brussels IIa) etc.

Directive 2011/99 / EU should not apply to "measures that are ordered for the purpose of witness protection".

The scope of the regulation is:

  • in accordance with Articles 1 and 2 of the Protocol (No. 22) attached to the TEU and the TFEU on the position of Denmark, Denmark excluded.
  • in accordance with Articles 1 and 2 of the TEU and Protocol (No. 21) annexed to the TFEU on the position of the United Kingdom and Ireland with regard to the area of ​​freedom, security and justice, and without prejudice to Article 4 of this Protocol, Ireland excluded. However, the United Kingdom has expressly confirmed its participation in the measures of this regulation.

Structure of the guideline

  • Article 1 (objective)
  • Article 2 (definitions)
  • Article 3 (designation of competent authorities)
  • Article 4 (referral to a central authority)
  • Article 5 (condition for the existence of a protective measure under national law)
  • Article 6 (issuing a European protection order)
  • Article 7 (form and content of the European protection order)
  • Article 8 (transmission procedure)
  • Article 9 (Measures in the executing State)
  • Article 10 (grounds for non-recognition of a European protection order)
  • Article 11 (Applicable law and jurisdiction in the executing State)
  • Article 12 (notification in the event of a breach)
  • Article 13 (Competence in the issuing State)
  • Article 14 (Reasons for the termination of measures taken on the basis of a European protection order)
  • Article 15 (priority of recognition of a European protection order)
  • Article 16 (consultation between competent authorities)
  • Article 17 (language regime)
  • Article 18 (costs)
  • Article 19 (relationship with other conventions and agreements)
  • Article 20 (relationship with other legal instruments)
  • Article 21 (implementation)
  • Article 22 (collection of data)
  • Article 23 (review)
  • Article 24 (entry into force)
  • Article 25 (addressees)
  • ANNEX I (EUROPEAN PROTECTION ORDER according to Article 7 of the Directive)
  • ANNEX II (FORM according to Article 12 of the Directive)

implementation

Germany

Directive 2011/99 / EU was amended in Germany by the law for the implementation of Directive 2011/99 / EU on the European protection order and for the implementation of Regulation No. (EU) 606/2013 on the mutual recognition of protective measures in civil matters of 5. Implemented into national law on time in December 2014. According to Art. 1 of this law, it serves to introduce the law on the European Violence Protection Procedure (EU Violence Protection Procedure Act - EuGewSchVG) into German law.

Austria

In Austria , Directive 2011/99 / EU was implemented in Sections 122 ff of the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG) and came into force on December 30, 2014.

See also

Web links

Individual evidence

  1. ↑ OJ. L 338, 2.
  2. ↑ See Art. 1 and Recitals 6 and 7 of Directive 2011/99 / EU and Recital 6 of Regulation (EU) No. 606/2013 . According to Recital 9 of Directive 2011/99 / EU, protective measures are there to: “To protect a person from criminal acts by another person who in any way could endanger their life or their physical, psychological and sexual integrity or their dignity or personal freedom - for example through preventive measures against harassment of any form or against kidnapping, persistent stalking and other forms of coercion - and to prevent new criminal acts or to reduce the effects of previous criminal acts ”.
  3. ↑ See Recital 24 of Directive 2011/99 / EU.
  4. ↑ See Art. 6 Paragraph 1 of Directive 2011/99 / EU.
  5. ↑ See Art. 9 Para. 1, Art. 15 and Recitals 18 and 24 of Directive 2011/99 / EU.
  6. ↑ See Article ƒ 10 Directive 2011/99 / EU with further options for non-recognition of a European protection order by the executing state.
  7. ↑ See Recital 13 of Regulation (EU) No. 606/2013. On the term "issuing authority": Art. 3 no. 4 of Regulation (EU) No. 606/2013.
  8. ↑ See recitals 8 and 10 of Directive 2011/99 / EU.
  9. ↑ According to Recital 3 of Directive 2011/99 / EU. See point 2.3.4 of the Stockholm Program. See also the agenda of the Spanish EU Council Presidency to protect women from violence ( Spanish EU Council Presidency 2010 ).
  10. ↑ See: Initiative for a directive of the European Parliament and of the Council on the European protection order of January 5, 2010 and Interinstitutional Dossier 2010/0802 (COD) of February 17, 2010 and Interinstitutional Dossier 2010/0802 (COD) of April 22, 2010 and Interinstitutional Dossier 2010/0802 (COD) of April 19, 2010. Also interesting: Draft report on the initiative for a directive of the European Parliament and of the Council on the European protection order of the Committee on Civil Liberties, Justice and Home Affairs, Committee for the Women's rights and gender equality of the European Parliament and the amendment of 23 November 2010.
  11. ↑ Proposal for a regulation of the European Parliament and of the Council on the mutual recognition of protective measures in civil matters , (COM (2011) 276 final, 2011/0130 (COD)); Proposal for a directive of the European Parliament and of the Council on minimum standards for the rights and protection of victims of crime and for victim assistance (COM (2011) 275 final, 2011/0129 (COD)) of 18 May 2011 and communication from the Commission to the European Parliament and the Council, the European Economic and Social Committee and the Committee of the Regions on strengthening victims' rights in the EU , (COM (2011) 274 final, SEC (2011) 580 final, SEC (2011) 581 final) . Justice Commissioner Reding did not agree with the Council's initiative on the European protection order and criticized it on April 29, 2010 before the Legal Affairs Committee of the European Parliament. See also on the previous documents: Framework Decision of the Council of 15 March 2001 on the position of victims in criminal proceedings (2001/220 / JHA), OJ. L 82, 1.
  12. ↑ See Interinstitutional File 2010/0802 (COD) (English). See also Council resolution of June 10, 2011 on a roadmap to strengthen the rights and protection of victims, especially in criminal proceedings and the opinion of the German Lawyers' Association ( memento of the original from June 3, 2012 in the Internet Archive ) Info: The archive link became automatic used and not yet tested. Please check the original and archive link according to the instructions and then remove this notice. dated December 2011. @1@ 2Template: Webachiv / IABot / www.anwaltverein.de
  13. ↑ See Interinstitutional Dossier 2011/0129 (COD) , 18241/11.
  14. ↑ See Art. 20 and Recitals 33 and 34 of Directive 2011/99 / EU.
  15. ↑ See Art. 19 of Directive 2011/99 / EU.
  16. ↑ See case Cowan vs. Trésor Public , 186/87.
  17. ↑ See Recital 10 of Directive 2011/99 / EU.
  18. ↑ See Recital 11 of Directive 2011/99 / EU.
  19. ↑ See Recital 42 of Directive 2011/99 / EU.
  20. ↑ See Recital 41 of Directive 2011/99 / EU.
  21. ↑ See Recital 40 of Directive 2011/99 / EU.
  22. ↑ Federal Law Gazette 2014 I No. 57 of December 12, 2014.
  23. ↑ BGBl. I No. 36/2004 amended to implement the directive by BGBl. I No. 107/2014